Texas Democrats take over immigration policy

Texas voters elected Gina Hinojosa as governor and Nathan Johnson as attorney general on Tuesday, replacing a two-year Republican leadership that built a massive state-led immigration enforcement system. Hinojosa is the first Mexican American to hold the governorship, while Johnson is the first Democrat elected attorney general since 1994.

The incoming administration inherits a framework that has cost taxpayers $11 billion. This spending covers Operation Lone Star, a program launched in March 2021 that deployed National Guard soldiers and state troopers to apprehend migrants crossing the Rio Grande. The state also spent $3.1 billion installing 82.2 miles of border barrier, a project the Texas Facilities Commission declared complete earlier this year.

Hinojosa has described the previous approach as political theatre. In a recent interview with KRGV-TV, she stated that the state spent billions detaining immigrants rather than keeping communities safe. She said she will review the effectiveness of Operation Lone Star. She added that public safety should not be a political stunt.

The new leaders did not promise to dismantle the entire system during their campaigns. They indicated they would support secure borders but criticized the previous administration for using state police to cooperate with federal deportation officers. Hinojosa said targeting long-standing members of the community does not increase security.

Funding for the operation is not permanent. The state legislature approved $3.4 billion for border security in the current budget. Lawmakers must vote to renew this funding for the next two-year cycle starting in the fall. The House of Representatives will be controlled by Democrats when it reconvenes in January, and many members previously voted against the current spending.

The attorney general's office will decide whether to continue legal battles initiated by Ken Paxton. Paxton filed more than 20 immigration-related lawsuits against the federal government. These cases challenged programs like Deferred Action for Childhood Arrivals and defended state measures like Senate Bill 4. Critics noted that Paxton often filed suits in courts with judges appointed by President Trump.

Kristin Etter, director of policy at the Texas Immigration Law Council, said the new governor can stop renewing disaster proclamations. Abbott issued these declarations 69 times to expand his authority without legislative approval. The proclamations allowed the mobilization of resources for border enforcement.

Amrutha Jindal, who oversees indigent defense for these arrests, said her organization has represented about 20,000 people. There are currently 1,000 cases pending in state criminal courts. Jindal noted that even if the program ends in name, the cases will continue to play out in the courts for years.

The 5th Circuit Court of Appeals ruled in April 2026 that Texas can enforce Senate Bill 4 while the case is litigated. The law allows police to arrest people suspected of crossing the border illegally. The court did not rule the law constitutional, only that the state may continue enforcement during the appeal process.

César Cuauhtémoc García Hernández, a law professor at Ohio State University, said the election of Johnson is as consequential as the election of Hinojosa. He noted that Texas has led major lawsuits attempting to end protections for immigrants nationwide. He said the next leaders will have the opportunity to revisit how the state uses its financial resources for immigration enforcement.